Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all! We have been experiencing an issue on site where threads have been missing the latest postings. The platform host Vanilla are working on this issue. A workaround that has been used by some is to navigate back from 1 to 10+ pages to re-sync the thread and this will then show the latest posts. Thanks, Mike.
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Defective car

  • 01-07-2020 11:11am
    #1
    jimbo21
    Registered Users, Registered Users 2 Posts: 75 ✭✭


    I bought a second hand car in February from a car dealer for €6000 without warranty as it was only €500 for 1 month. I started having problems with the engine of the car after one month. I paid for it to be fixed by my mechanic. It went again another 2 times. After the third time I’ve decided to trade it in as I’ve had enough only to be told by a garage that the car could only be given €2000 scrap value. Turns out the car has category C damage that I was never told when I bought it. Where do I stand in this matter?


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    You should consult a solicitor regarding your legel rights here. Legal advice is not given on this forum. but am leaving it open for general discussion subject to forum rules


  • #3
    80j2lc5y7u6qs9
    Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    By way of discussion and not advice the Sale of Good and Supply of Services Act 1980 would be a good starting point. I can see a possible problem that you paid to have it fixed which may invalidate the warranty.And can you now show the category C damage was there when you bought it ?

    But if it has serious damage the dealer is obliged to tell you far as i know
    https://www.ccpc.ie/consumers/cars/your-rights-if-things-go-wrong/
    "It is also an offence under consumer law for a dealer to withhold information when selling a car."


    https://www.citizensinformation.ie/en/consumer_affairs/motoring/advice_on_buying_a_used_car_in_ireland.html


    https://www.ccpc.ie/consumers/cars/dealer-or-private-seller/


    What "was only €500 for 1 month"


  • #4
    g6fdyotp5nj2l7
    Closed Accounts Posts: 436 ✭✭g6fdyotp5nj2l7


    When you say car dealer what do you mean they come in many guises. Main dealer, dealer with yard and office on site, dealer selling from home or dealer selling from home as private seller.
    If it's one of the last two you may forget it.


  • #5
    jimbo21
    Registered Users, Registered Users 2 Posts: 75 ✭✭jimbo21


    dealer selling cars from his yard


  • #6
    seagull
    Registered Users, Registered Users 2 Posts: 2,342 ✭✭✭seagull


    If he's a registered dealer, then he's obligated to tell you all known defects with the car. If it was a category C and he didn't tell you, then you should be able to return the car for full refund.


  • Advertisement
  • #7
    g6fdyotp5nj2l7
    Closed Accounts Posts: 436 ✭✭g6fdyotp5nj2l7


    Have you spoken to him about it. Did you do a cartell check on it and if so did it show up anything. Did your mechanic spot anything when he had the car for repair.
    What kind of engine problems did you have and why didn't you take the car back to the seller when they happened.


  • #8
    80j2lc5y7u6qs9
    Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    jimbo21 wrote: »
    dealer selling cars from his yard
    As far as i know* if he sells more than five cars a year he is a dealer under consumer law


    i may be wrong*


  • #9
    80j2lc5y7u6qs9
    Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    seagull wrote: »
    If he's a registered dealer, then he's obligated to tell you all known defects with the car. If it was a category C and he didn't tell you, then you should be able to return the car for full refund.
    That is correct but how can the OP show the cat c defects existed 6 months ago especially since another repairman had it three times?


  • #10
    Lenar3556
    Registered Users, Registered Users 2 Posts: 1,523 ✭✭✭Lenar3556


    Quinn Uneven Hill wrote: »
    That is correct but how can the OP show the cat c defects existed 6 months ago especially since another repairman had it three times?

    The designation CAT C would have have been by an insurance company at some point in the past, likely after a collision, so it it has this classification the fact would be difficult to refute.

    Limited info from OP, but was this a case of a car which had some known shortcomings and was bought from the seller ‘as seen’, and likely at a price which was below what the market value would be otherwise? Hence the reference to no warranty and fact that he pursued repair of an engine fault with a third party? If so this might shift the burden of responsibility somewhat.


  • #11
    drunkmonkey
    Registered Users, Registered Users 2 Posts: 28,331 ✭✭✭✭drunkmonkey


    jimbo21 wrote: »
    I bought a second hand car in February from a car dealer for €6000 without warranty as it was only €500 for 1 month. I started having problems with the engine of the car after one month. I paid for it to be fixed by my mechanic. It went again another 2 times. After the third time I’ve decided to trade it in as I’ve had enough only to be told by a garage that the car could only be given €2000 scrap value. Turns out the car has category C damage that I was never told when I bought it. Where do I stand in this matter?

    If your not in the motor trade you can't buy from a dealer without a warranty, even if they write you a letter to say no warranty, you still have warranty.
    There's rules around the motor trade and this is one of them.
    If it was me and I've been in that position i'd demand all my money back and get proper legal advice.


  • Advertisement
  • #12
    80j2lc5y7u6qs9
    Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    Lenar3556 wrote: »
    The designation CAT C would have have been by an insurance company at some point in the past, likely after a collision, so it it has this classification the fact would be difficult to refute.

    Limited info from OP, but was this a case of a car which had some known shortcomings and was bought from the seller ‘as seen’, and likely at a price which was below what the market value would be otherwise? Hence the reference to no warranty and fact that he pursued repair of an engine fault with a third party? If so this might shift the burden of responsibility somewhat.
    fair enough the OP should go back to the dealer then


    He said 6K but didn't say that was below market value. I don't know what "was only €500 for 1 month." means


  • #13
    Lenar3556
    Registered Users, Registered Users 2 Posts: 1,523 ✭✭✭Lenar3556


    drunkmonkey wrote: »
    If your not in the motor trade you can't buy from a dealer without a warranty, even if they write you a letter to say no warranty, you still have warranty.
    There's rules around the motor trade and this is one of them.
    If it was me and I've been in that position i'd demand all my money back and get proper legal advice.

    Would this perhaps be an agreement between motor dealers and SIMI or some other trade organisation as a condition of their membership?

    While unusual, I wouldn’t have thought there was any legislative reason why a motor dealer and consumer couldn’t enter into a contract of a sale on particular terms which excluded a defects warranty. As long as there was no deception involved.


  • #14
    80j2lc5y7u6qs9
    Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    Lenar3556 wrote: »
    Would this perhaps be an agreement between motor dealers and SIMI or some other trade organisation as a condition of their membership?

    While unusual, I wouldn’t have thought there was any legislative reason why a motor dealer and consumer couldn’t enter into a contract of a sale on particular terms which excluded a defects warranty. As long as there was no deception involved.
    it may be an agreement but motor dealers cannot overrule the consumer law.You can buy anything wihout warranty so long as you are made aware. Just like buying shop soiled clothing cheaper with no comeback. If you are told and agree to it and there is no deception


  • #15
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Quinn Uneven Hill wrote: »
    ....
    ... I don't know what "was only €500 for 1 month." means..

    I assume the op was told pay 500 extra for one month's warranty.


  • #16
    g6fdyotp5nj2l7
    Closed Accounts Posts: 436 ✭✭g6fdyotp5nj2l7


    Category C write off doesn't mean the car is defective.


  • #17
    jimbo21
    Registered Users, Registered Users 2 Posts: 75 ✭✭jimbo21


    Quinn Uneven Hill wrote: »
    fair enough the OP should go back to the dealer then


    He said 6K but didn't say that was below market value. I don't know what "was only €500 for 1 month." means

    The good news is I received a full refund after speaking to the seller 😀


  • #18
    eviltimeban
    Registered Users, Registered Users 2 Posts: 5,109 ✭✭✭eviltimeban


    Happened to my sis in law. Bought a Japanese import, had a service history but was all in Japanese. The car looked perfect and the dealer insisted it hadn't been in a crash.

    Two days after buying it goes into "emergency mode" and grinds to a halt. Took it to an official dealer of the car make to check it out, report came back that it had been crashed and repaired.

    She went back to the dealer and insisted on a refund. After a bit of a back and forward he collected the car and gave her the money back (she had paid cash).


  • #19
    80j2lc5y7u6qs9
    Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    jimbo21 wrote: »
    The good news is I received a full refund after speaking to the seller ��
    well done


Advertisement